Affidavit: State representative Stace Nelson involved with robocalls

Apr. 25, 2013

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A legal filing has accused a state representative of sending anonymous political robocalls last year, citing an interview with a Minnehaha County man who said he also was involved.

Gary Dykstra was interviewed as part of a civil lawsuit over the robocalls. According to an affidavit filed by Joel Arends, attorney for the plaintiffs in that lawsuit, Dykstra described coordinating the robocalls with Daniel Willard and state Rep. Stace Nelson.

“Mr. Dykstra stated that he met with Daniel Willard and Stace Nelson on at least three occasions to discuss, plan and execute the conduct complained of,” Arends writes in his affidavit.

The affidavit also claims Dykstra said he “submitted phone scripts to Daniel Willard and Stace Nelson for approval and dissemination.”

In an emailed statement, Nelson called the claim “contorted hearsay” and suggested the affidavit was political retaliation.

The robocalls, which attacked Republican politicians leading up to the 2012 elections for their positions on veterans and other issues, also have led to criminal misdemeanor charges against Willard. That case recently was delayed.

Prosecutors and the civil plaintiffs — state Sen. Dan Lederman and his political action committee — allege the robocalls violated South Dakota’s election laws.

In the interview, Dykstra was “sworn to tell the truth by the court reporter,” according to the affidavit.

Arends’ affidavit is not a transcript of the interview, but rather Arends’ sworn statements about what Dykstra said in the interview.

Dykstra’s attorney, Brad Schrieber, declined to comment until he had a chance to review the affidavit.

A Fulton Republican first elected in 2010, Nelson has clashed with Republican Party leadership over his years in the Legislature, including being kicked out of the House Republican caucus in 2012.

Recently, Nelson said he was doing “soul searching” about whether to run for higher office, including possibly governor or U.S. Senate.

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An outspoken conservative, he has attacked some Republican leaders for alleged corruption and liberalism.

In his statement, Nelson noted Lederman’s support of Mike Rounds in the U.S. Senate race that Nelson is considering entering, calling that “of particular note.”

Previously, when asked whether he was involved in the robocalls, Nelson had made specific denials.

“I didn’t put the postcard out and I didn’t make the telephone call,” Nelson said last August.

In September, he declined to comment when asked if he knew who was sending out the robocalls.

“I’m not going to speculate about who’s behind this. I don’t think it really matters,” Nelson said. “From what I’ve seen, I think there’s substantial compliance with the law.”

On Thursday, Nelson said he “stand(s) behind the statements that I have previously made about these matters.”

In an interview, Arends said he subpoenaed Dykstra after his name was given in an “anonymous tip.” Dykstra was originally asked to be deposed, but then agreed to an interview instead.

As part of that deal, Arends said Dykstra will not be added to the lawsuit.

In a deposition, both sides in a lawsuit have the right to be there. Arends said he believes that an interview will allow him to keep certain discovered information from Willard’s lawyer, R. Shawn Tornow.

Tornow declined to comment Thursday until he read the affidavit.

In an email, Attorney General Marty Jackley said he “can only disclose matters that are of public record” and that “any specific grand jury matters are privileged.”

He didn’t address questions about any changes to the criminal case as a result of this filing.

That criminal case is on hold. The original trial judge has recused himself from the case and a new judge has been appointed, but no trial dates have been set, Jackley said.

The civil suit filed by Lederman will have a hearing Monday afternoon. At that hearing, a judge will consider Tornow’s motion to dismiss the case. Arends will submit the affidavit of the Dykstra interview as part of his argument against dismissing the case.